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HomeMy Public PortalAboutResolution - 79-22- 19790613 - Authorization to AcquireRESOLUTION NO. 79-22 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DIS- TRICT, FINDING AND REQUIRING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTIES FOR PUBLIC USE, TO WIT; FOR PUBLIC PARK, REC- REATION AND OPEN SPACE PURPOSES, DESCRIB- ING THE PROPERTIES NECESSARY THEREFORE AND AUTHORIZING AND DIRECTING ITS RETAINED LEGAL COUNSEL TO DO EVERYTHING NECESSARY TO ACQUIRE ALL INTERESTS THEREIN WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District is authorized to acquire prop- erty for public purposes, pursuant to Division 5, Chapter 3, Section 5542, of the Public Resources Code, State of Cal- ifornia, and WHEREAS, the property, rights, and interests described in Exhibit A attached to this resolution and incorporated herein by reference (the "property") are necessary for public park, recreation, and open space purposes, said purposes con- stituting a public purpose, NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby find and determine that the public interest and necessity require the acquisition of the property for public park, recreation, and open space purposes; BE IT FURTHER RESOLVED that acquisition of the fee (unless a lesser estate is described in Exhibit A) is necessary therefore; and BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby find and determine that said property is located so as to be most com- patible with the greatest public good and cause the least pri- vate injury; and BE IT FURTHER RESOLVED that the General Manager be and is hereby authorized and directed to cause to be negotiated and/or prepared all appropriate applications to governmental agencies for grants of funds or property, legal documents and related instruments for acquisition of title to the property by gift and/or purchase, all upon terms and conditions discussed by or presented to this Board at its meeting this date or customary to this District in like transactions; provided, however, that each such application, document and instrument shall be subject to approval as to form and content by this Board prior to its execution or delivery on behalf of the Midpeninsula Regional Open Space District; and BE IT FURTHER RESOLVED that the law firm of Rogers, Vizzard & Tallett be and the same is hereby retained, instructed and directed to do everything necessary to acquire all interests in the property described in Exhibit "A", and they are further authorized to prepare and pro- secute such condemnation proceedings in the proper court having jurisdiction thereof as are necessary for such acquisition. ************************************************************ RESOLUTION NO.79-22 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on June 13 , 19 79 at a regular/special meeting thereof, by the following vote: AYES: Daniel Wendin, Nonette Hanko, Harry Turner, Barbara Green Richard Bishop and Katherine Duffy NOES:None ABSTENTIONS: None ABSENT: Edward G. Shelley ATTEST: APPROVED: Secretary, Boar ectorsviceP esident, Board of Directors I, the District Clerk/Deputy District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above vote. District Clerk/Deputy District Clerk